Court Report

Articles

Whiston v Leonard: right of way, signage and conduct in neighbouring farm dispute

High Court upholds combined interference finding where gates, signage and conduct deterred use of right of way.

Trafford Metropolitan Borough Council v Secretary of State: when planning permission precedes a masterplan

Planning obligations and proportionate contributions cannot be sidestepped simply because a masterplan has yet to be adopted.

Ferdous Alam Khan v SSHD: Court of Appeal clarifies legal status of vulnerability guidance

The Court of Appeal rules that the Joint Presidential Guidance Note on vulnerable witnesses does not impose free-standing legal obligations on tribunals.

STS v Secretary of State for Defence: ARAP counter-narcotics eligibility and the limits of facilitation roles

An administrative support role on a counter-narcotics capacity-building programme does not satisfy ARAP's requirement for a substantive and positive contribution to UK national security objectives.

Fullah v Medical Research Council: when remission requires a fresh Employment Tribunal panel

EAT holds that a tribunal on remission failed to address the causation question it was directed to answer in a victimisation claim.

Salts Healthcare v Pelican Healthcare: infringement, equivalence and IPEC costs on appeal

Court of Appeal clarifies the doctrine of equivalents and pre-transfer costs in patent disputes.

Fridman v Agrofirma Oniks: Court of Appeal confirms sanctions travel ban ends English court jurisdiction

The Court of Appeal rules that an indefinite travel ban removes a defendant's amenability to service within the jurisdiction.

R v Fartun Jamal: Court of Appeal clarifies section 5 risk requirement in child death cases

The Court of Appeal holds that a pre-existing risk of serious harm is not required where the defendant caused death through a course of neglect.